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Schedule free Consultation Call Us (732) 339-3897Criminal charges for crimes like Money Laundering, Drug Possession, Drug Distribution, Theft of Property, Credit Card Fraud, Forgery or Bad Checks can result in the seizure of your property and cash by police. Specifically, law enforcement officers may seize any cash or currency on your person or in your car during an investigation or arrest for certain criminal offenses in New Jersey. Even if the money seized is not prima facie contraband, the law enforcement officers and Prosecutors may attempt to file a forfeiture of your cash under N.J.S.A. 2C:64-1. To succeed, the state will need to demonstrate that the cash or currency was “derivative contraband” of criminal activity. To determine what qualifies as “derivative contraband” is a very fact-specific analysis that is interwoven with New Jersey case law precedent. Moreover, even if your money was lawfully obtained through your place of employment, the County Prosecutor or NJ Attorney General may attempt to obtain your consent to the forfeiture of your cash through plea negotiations in your criminal matter.
If you or a loved one are facing criminal charges that resulted in the seizure and forfeiture of your property or cash, please contact the attorneys at Proetta & Oliver. Our office is comprised of experienced criminal and civil forfeiture trial attorneys that understand the intricacies of the New Jersey court system. To speak with firm Partner and former NJ Deputy Attorney General, William C. Fay, Esq., about your pending case. Mr. Fay will discuss the consequences and what options may exist to fight these criminal and civil complaints. For more information, please contact our office directly at 732-339-3897.
Contrary to how it may seem, forfeiture statutes are generally disfavored by the courts. For this reason, the New Jersey Supreme Court has ruled that all superior courts and appellate courts must strictly construe forfeiture statutes against the State and in a manner as favorable to the person whose property is to be seized. Unfortunately, citizens are constantly facing situations where police and law enforcement officers are confiscating any cash found during drug possession or drug distribution arrests. For the defendants, they may be forced to litigate a Civil Forfeiture Complaint before they receive any of their lawfully-owned cash that was present during the arrest or investigation. Moreover, prosecutors will often attempt to use the possible civil forfeiture of your cash as a tool to entice your guilty plea to any underlying drug charges.
In a forfeiture hearing, you are entitled to any of the same rights as if you are facing a criminal charge. This includes your Fifth Amendment constitutional right against self-incrimination. This means that the Prosecutor and Judge can not force you to testify to things that could result in your criminal prosecution. Additionally, you are afford Fourth Amendment protections. The Fourth Amendment protects individuals from “unreasonable search and seizures.” In the context of a Civil Forfeiture Hearing, this means that any property, including cash or drugs, that is seized by law enforcement through and unlawful or illegal motor vehicle stop/search could be suppressed as evidence during the Civil Forfeiture Hearing. These are just a few of the most basic constitutional rights that you are entitled to in your Civil Forfeiture Hearing. It is imperative that you find a competent and experienced legal counsel to represent you in these hearings to help expose any of these constitutional violations that may have occurred in your case.
Depends. Generally, any cash or currency seized in by police during your arrest will be returned to you upon your release. However, if you are involved in certain types of criminal activity, such as Marijuana Distribution, Heroin Distribution, Burglary, Theft, Receiving Stolen Property or Money Laundering, then any cash found in your possession could be subject to seizure and forfeiture by law enforcement and the County Prosecutor’s Office. For the police and prosecutor to justify filing for a Civil Forfeiture of your money, they will need to establish that the cash or currency was “derivative contraband”. For more information and an explanation of what qualifies as “derivative contraband”, please visit this link.
If your money was not part of the criminal activity or considered “derivative contraband”, then the police should return the property after your have been processed and released. However, if the cash or currency is being treated as derivative contraband that is subject to Civil Forfeiture, then you will have to file an Answer the the State’s Civil Forfeiture Complaint to begin the process of re-obtaining your property.
If you either lose your Civil Forfeiture Hearing or fail to file and Answer to the State’s Forfeiture Complaint, then the money or cash seized by police will lawfully become the property of the State. These monies will be split among each individual department and agency that was involved in the investigation, arrest or prosecution of the defendant
As clearly demonstrated above, police and law enforcement authorities have broad powers to seize your personal property, including cash or currency. When this happens, you could be forced to fight to justify to origination of you money, otherwise you face forfeiture of your property. Moreover, your forfeited money will go directly into the coffers of the police department or sheriff’s office that investigated and arrested you in the underlying crime. If you or a loved one are facing criminal or civil forfeiture charges in New Jersey, please do not hesitate to contact our office directly at 732-339-3897. Our team of trial attorneys are ready and able to assist you in fighting for the return of you lawfully owned property. Please do not hesitate to call with any questions or concerns.